Chhabilal Yadav @ Chhabiya Yadav @ Chhabila Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.45581 of 2016 (3) dt.02-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45581 of 2016 Arising Out of PS.Case No. -48 Year- 2013 Thana -SALKHUA District- SAHARSA ======================================================

1. Chhabilal Yadav @ Chhabiya Yadav @ Chhabila Yadav Son of Late Dashrath Yadav @ Late Tikuli Yadav resident of Village- Amni, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 02.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 384, 386, 379 and other minor sections of the Indian Penal Code. Petitioner is named in the first information report with allegation that he along with others demanded extortion money and also assaulted the informant and others.

Para 3 of the petition goes to show that the petitioner has criminal antecedent of near about 12 cases.

No doubt, two co- accused, having more or less similar allegation, have already been granted bail by coordinate benches of this court but in my view, case of the petitioner is of quite different footing to that co- accused because co- accused Sudhir Yadav has got no criminal antecedent whereas this petitioner, as stated above, has 12

Patna High Court Cr.Misc. No.45581 of 2016 (3) dt.02-12-2016 serious cases in his credit.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Salkhua P.S. Case no. 48/2013 pending in the court of the Chief Judicial Magistrate, Saharsa stands rejected.

However, trial court should make attempt to procure the attendance of the petitioner in his court and proceed with the trial of the petitioner and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T